Chapter 20.15
ADMINISTRATION
Sections:
20.15.020 Authority – Administrator.
20.15.030 Authority – Hearings Examiner.
20.15.040 Authority – Planning Commission.
20.15.045 Authority – City Council.
20.15.050 State Department of Ecology.
20.15.080 Review and burden of proof.
20.15.110 Recession and modification.
20.15.130 Time limit for issuance of decision.
20.15.140 Other City regulations.
20.15.150 Applicability to development.
20.15.010 Exception.
Whenever an application for a permit under the zoning ordinance or for approval under the subdivision ordinance accompanies a shoreline permit application, time requirements and notice provisions for processing those applications shall be preempted by the shoreline master program procedural rules. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.020 Authority – Administrator.
A. The Administrator, as defined in Chapter 20.10 FMC, is hereby vested with:
1. Overall administrative responsibility for this title; and
2. Authority to interpret and make final determinations on program processes and procedures, consistent with this title; and
3. Authority to grant, condition or deny statements of exemption; and
4. Authority to grant, condition or deny substantial development permits not requiring a public hearing; and
5. Authority to serve a stop work order pursuant to WAC 173-17-040 upon a person undertaking an activity on shorelines of the state in violation of Chapter 90.58 RCW or this title; and
6. Authority to decide whether or not a major development permit is required for a proposed action; and
7. Authority to make field inspections as required, and to prepare reports on all proper and complete shoreline permit applications; and
8. Authority to make written recommendations to the Hearings Examiner as appropriate and, insofar as possible, ensure that all relevant information, testimony, and questions regarding a specific matter are made available during their respective reviews of such matter; and
9. Authority to keep written summaries of all Hearings Examiner public hearings; ensure that proper notice is given to interested persons and the public through news media, posting or mailing of notice of such hearings; and transmit findings and decisions of the Hearings Examiner on shoreline permit applications to Ecology for consideration and final action.
B. The Administrator shall:
1. Establish procedures deemed essential for administration of this title; and
2. Advise interested persons and prospective applicants as to the administrative procedures and related components of this title; and
3. Make written interpretations of principles and terms in this title as required for administration; and
4. Insofar as possible, ensure that applications are in proper form and complete prior to acceptance; and
5. Collect fees as set in the City’s officially adopted unified fee schedule; and
6. Seek remedies for alleged violations of this title’s regulations, or of the provisions of the Act, or of conditions attached to a shoreline permit or exemption issued by the City of Ferndale; and
7. Propose amendments to the Planning Commission and the City Council as deemed necessary to more effectively or equitably achieve the purposes and goals of this title; and
8. Maintain separate files for all shoreline actions and assess cumulative impacts to the shoreline as a prerequisite to periodic updates of this title. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.030 Authority – Hearings Examiner.
A. The Hearings Examiner is hereby vested with authority to:
1. Grant, condition or deny shoreline substantial development permits not in conjunction with a development that requires final Council action.
2. Grant, condition or deny variances from this title, subject to final action by Ecology.
3. Grant, condition or deny conditional uses under this title, subject to final action by Ecology.
4. Decide on appeals from administrative decisions and shoreline permits issued by the Administrator of this title, including appeals of shoreline statements of exemption.
5. Hold public hearings and make final decisions on shoreline permits accompanied by an application for a planned unit development or substantial development permit.
6. Decisions of the Hearings Examiner related to statements of exemption may be appealed to Whatcom County Superior Court by a party of record within 21 days of the date of the notice of decision in accordance with Chapter 36.70C RCW. Appeals of all other decisions of the Hearings Examiner may be appealed to the Shoreline Hearings Board. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.040 Authority – Planning Commission.
The City Planning Commission shall be responsible for hearing and making recommendations for action to the City Council on the following types of matters, as per Chapter 14.09 FMC:
A. Amendments to the shoreline master program. Any of the provisions of this title may be amended as provided for in WAC 173-26-100 and 173-26-104.
B. Review and Adjustments. Periodic review of this title shall be conducted as required by state law and the regulations of RCW 90.58.080(4). Adjustments shall be made as necessary to reflect changing local circumstances, new information or improved data, and changes in state statutes and regulations. This review process shall be consistent with WAC 173-26-090 and shall include a local citizen involvement effort and public hearing to obtain the views and comments of the public. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.045 Authority – City Council.
The City Council shall be responsible for making final determinations on amendments to the shoreline master program at the local level. The local plan shall be adopted by ordinance. The program adopted by the City Council shall be submitted to Ecology for review and adoption. Ecology must approve all master programs before they become effective. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.050 State Department of Ecology.
The duties and responsibilities of Ecology shall include, but are not limited to, the following:
A. Reviewing and approving program amendments in a timely manner, when prepared by the City pursuant to WAC 173-26-120 (State process for approving/amending shoreline master programs).
B. Reviewing and petitioning for review of the City’s statement of exemption and shoreline substantial development permit decisions.
C. Final approval and authority to condition or deny shoreline conditional use permits and shoreline variance permits filed by the City. Ecology shall make every attempt to identify conditions or expectations for denial as early in the City’s process as is practical. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.060 Application.
Shoreline permits shall be applied for on application forms provided on the City of Ferndale website. Submittals shall be submitted together with the application fee and related information as described by FMC 14.07.050, Content of applications. The application will be processed pursuant to FMC 14.09.080, Process 4 – Decision by City Council with Planning Commission recommendation. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.070 Vested rights.
All shoreline permit applications, exemptions or other approvals shall be subject to the provisions of this title and FMC 14.07.090 that are in effect at the time of complete application. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.080 Review and burden of proof.
As required by RCW 90.58.140(7), the burden of providing that the proposed development is generally consistent with the criteria set forth in FMC 20.25.010, 20.25.020 and 20.25.030, as applicable, shall be on the applicant. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.090 Permit procedure.
A. In granting, revising, or extending a shoreline permit, the Administrator or Hearings Examiner, as appropriate, may attach such conditions, modifications, or restrictions thereto regarding the location, character, and other features of the proposed development deemed necessary to assure that the development will be consistent with criteria set forth in FMC 20.25.010, 20.25.020 and 20.25.030, and with the policy of Chapter 43.21C RCW, as applicable. In cases involving unusual circumstances or uncertain effects, a condition may be imposed to allow for future review or reevaluation to ensure conformance with the Act and this title.
B. Development pursuant to a shoreline variance or conditional use permit shall not begin and shall not be authorized until 21 days after the “date of filing” or until all review proceedings initiated within 21 days from the date of such filing have terminated.
1. The “date of filing” for a shoreline variance or conditional use permit shall mean the date a decision of Ecology rendered on the permit is transmitted by the department to the City and the applicant.
2. “Date of filing” of a substantial development permit means the date of actual receipt of the decision by Ecology. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.100 Permit revisions.
A. A permit revision is required whenever the applicant proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit. Changes are substantive if they materially alter the project in a manner that relates to its conformance to the terms and conditions of the permit, this title or the Shoreline Management Act. Changes that are not substantive in effect do not require approval of a revision.
B. An application for a revision to a shoreline permit shall be submitted to the Administrator, including detailed plans and text describing the proposed changes. The City agency that approved the original permit may approve the revision request upon a finding that the proposed changes are within the scope and intent of the original permit, and are consistent with this title and the Shoreline Management Act.
C. “Within the scope and intent of the original permit” means all of the following:
1. No additional overwater construction is involved.
2. Ground area coverage and height may be increased a maximum of 10 percent over that approved under the original permit.
3. The revised permit does not authorize development to exceed the setback or any other requirements of this title except as authorized under a variance granted for the original development.
4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with this title.
5. The use authorized pursuant to the original permit is not changed.
6. No adverse environmental impact will be caused by the project revision.
7. If the proposed change is a substantial development as defined by this title, then a new permit is required.
D. The provisions of this section shall not be used to extend the time requirements or to authorize substantial development beyond the time limits or scope of the original permit. In such cases a new permit shall be required.
E. A new permit shall be required if the proposed revision and any previously approved revisions in combination would constitute development beyond the scope and intent of the original permit.
F. Upon approval of a permit revision, the Hearings Examiner, or Administrator as appropriate, shall file with Ecology a copy of the revised site plan and a detailed description of the authorized changes to the original permit together with a final ruling and findings supporting the decision based on the requirements of this section. In addition, the Administrator shall notify parties of record of the action.
G. If the proposed revision is to a development for which a shoreline conditional use or variance was issued, the City shall submit the revision to Ecology for the Department’s approval, approval with conditions or denial, and shall indicate that the revision is being submitted under the requirements of this section. Under the requirements of WAC 173-27-100(6), the Department shall render and transmit to the City and the applicant its final decision within 15 days of the date of the Department’s receipt of the submittals from the City. The Administrator shall notify parties of record of the Department’s final decision. Appeals from a decision of the Department shall be filed in accordance with the provisions of WAC 173-27-100(8). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.110 Recession and modification.
A. Any shoreline permit granted pursuant to this title may be rescinded or modified upon a finding by the City that the applicant or his/her successors in interest have not complied with conditions attached thereto.
B. The Administrator shall initiate rescission or modification proceedings by serving written notice of noncompliance on the applicant or his/her successors.
C. A public hearing shall be held by the Hearings Examiner no sooner than 15 days following such service of notice. Upon considering written and oral testimony taken at the hearing, the Hearings Examiner shall make a decision in accordance with the above procedure for shoreline permits. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.120 Expiration.
A. The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a variance, conditional use permit or exemption:
1. Construction shall be commenced or, where no construction is involved, the use or activity shall be commenced, within two years of the effective date of a shoreline permit or exemption or the permit shall expire; provided, that the Hearings Examiner or Administrator as appropriate may authorize a single extension for a period of not more than one year based on a showing of good cause if a request for extension has been filed with the Administrator before the expiration date of the shoreline permit or exemption and notice of the proposed extension is given to parties of record and Ecology.
2. Authorization to conduct development activities shall terminate five years after the effective date of a shoreline permit or exemption; provided, that the Administrator may authorize a single extension for a period of not more than one year based on a showing of good cause if a request for extension has been filed with the Administrator before the expiration date of the shoreline permit or exemption and notice of the proposed extension is given to parties of record and Ecology.
3. The effective date of a shoreline permit or exemption shall be the date of last action required on the shoreline permit or exemption and all other government permits and approvals that authorize the development to proceed, including administrative and legal actions on any such permit or approval. The applicant shall be responsible for informing the City of the pendency of other permit applications filed with agencies other than the City and of any related administrative and legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given to the City prior to the date of the last action by the City to grant City permits and approvals necessary to authorize the development to proceed, including administrative and legal actions of the City, and actions under other City development regulations, the date of the last action by the City shall be the effective date.
B. Notwithstanding the time limits established in subsection (A) of this section, upon a finding of good cause, based on the requirements and circumstances of the proposed project and consistent with the policies and provisions of this title and the Shoreline Management Act, the Hearings Examiner or Administrator as appropriate may set different time limits for a particular substantial development permit or exemption as part of the action to approve the permit or exemption. The Hearings Examiner may also set different time limits on specific shoreline conditional use permits or variances subject to approval of the Department of Ecology. The different time limits may be longer or shorter than those established in this section, but shall be appropriate to the shoreline development or use under review. “Good cause based on the requirements and circumstances of the project” shall mean that the time limits established for the project are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources.
C. When permit approval is based on conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to the commencement of a nonstructural activity; provided, that different time limits for compliance may be specified in the conditions of approval as appropriate.
D. Revisions to permits under FMC 20.15.100 may be authorized after the original permit authorization has expired; provided, that permit revisions authorized after expiration of the original permit shall not be used to extend the time requirements of the original permit or to authorize substantial development after the time limits of the original permit.
E. The Administrator shall notify Ecology in writing of any change to the effective date of a permit authorized by this section, with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized by the sections of this title shall require a new permit application. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.130 Time limit for issuance of decision.
A decision by the Hearings Examiner or Administrator, as applicable, shall be issued within 10 working days of the public hearing (unless otherwise mutually agreed to by parties). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.135 Appeals.
A. Appeals of Administrative Decisions, including statements of exemption, shall be made to the Hearings Examiner pursuant to FMC 14.11.070.
B. Appeals of Hearings Examiner decisions related to statements of exemption shall be made to Whatcom County Superior Court pursuant to FMC 14.11.080.
C. Appeals of amendments to this title and all decisions of the Hearings Examiner, with the exception of appeals of statements of exemption, shall be made to the Shoreline Hearings Board in accordance with RCW 90.58.190. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.140 Other City regulations.
A. Conditional use permits, or variances applied for or approved under City zoning or subdivision code requirements, shall not be construed as shoreline permits or variances under this title unless specifically stated as such.
B. Nothing in this chapter shall prevent processing shoreline permits in conjunction with conditional use permits or variances applied for or approved under City zoning or subdivision code requirements. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.15.150 Applicability to development.
A. This title shall apply to any development or use as defined in Chapter 20.10 FMC. All development and use of shorelines of the state shall be carried out so as to be consistent with this title and the policy of the Act as required by RCW 90.58.140(1), whether or not a shoreline permit is required for such action.
B. No substantial development shall be undertaken by any person on shorelines without first obtaining a substantial development permit from the City of Ferndale; provided, that such a permit shall not be required for the activities listed in FMC 20.25.050.
C. A shoreline permit is not required for substantial development activities located outside of the shoreline jurisdiction line even though a portion of the property may be located within shoreline jurisdiction. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)